Yead Ali v. The State of Assam

ORDER Date : 28.05.2024 Heard Mr.M.Khan, learned counsel for the petitioner. Also heard Mr. D.P.Goswami, learned Addl. Public Prosecutor for the State/respondent. By this petition filed under Section 438 Cr.P.C., the petitioner, namely, Yead Ali has prayed for granting pre-arrest bail, apprehending arrest in connection with Dhubri P.S. Case No.69/2024 under Sections 120B/420/387/506 of the IPC r/w Section 7c (2) of Assam Page No.# 2/3 Money Launders Amendment Act,1934. The case diary is placed before the court. The learned counsel for the petitioner submits that punishment for Assam Money Launders (Amendment Act) is 2 years and the offence is bailable in nature. The other offences of IPC as alleged are not attracted against the petitioner. It is also submitted that as per FIR, two co-accused persons including the present petitioner were alleged to be involved in such type of money lending activities. Co-accused No.3 was granted bail by this court and accused No. 2 was arrested and thereafter granted bail by the learned trial court and as such, privilege of pre-arrest bail may be extended to the petitioner. Learned Addl.P.P. has produced the case diary and submits that the allegation against the petitioner is that some people took loan from the petitioner with high rate of interest. I have heard learned counsel for the parties and perused the case diary. In the backdrop of facts as emerged from the case diary, this Court finds it not expedient for custodial interrogation of the petitioner. In view of above, the prayer for anticipatory bail is hereby granted.

It is provided that in the event of arrest of the petitioner, named above, he shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.20,000 with 02(two) sureties of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioner shall appear before the Investigating Officer within 10 days from today failing which, on the 11th day, the anticipatory bail order shall automatically expire;

(ii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. Send back the case diary. Page No.# 3/3 The anticipatory bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010077462024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1017/2024 YEAD ALI S/O KETU SK., R/O VILL- KOCHUARKHAS PT.II, P.S. AND DIST- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M KHAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI